Polity
Past Laws
Laws0
Features
Regulating Act 1773
1st step by British to regulate EIC//DEFINED WRITS OF SC/HC
Gov-Gen of Bengal(Lord Warren Hastings 1st)//Council of 4; Supreme Court
Calcutta 1774//Gov of madras, Bombay subordinate to Bengal/ prohibited
company taking bribes from native
dual system of control,=Commercial affairs-Court of Directors; /pol affairs-Board
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Pitt's India Act 1784
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of control; Board of Control, whose purpose served to control the policy of the
Court of Directors, //territories now called British Possesion ie British government
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got direct control over Indian administration.
Extended companys monopoly for 20 yr//Gover General council power extended to
Cornwallis
authority of Mumbai and Madras//separated the revenue administration and the
AI
Charter Act 1793
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judiciary functions led to aboilish of MAAL ADALATS(revenue court)
Charter Act 1813
Aboilished trade monopoly of company(except tea and china); allowed christan
BH
missionaries; local gov to impose taxes//Western Education among Indians
gov gen Bengal now Gov Gen of INDIA(Lord william Bentick 1st)//Governors of
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Charter act 1833
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Bombay and Madras lost their legislative powers.//For the first time, the GovernorGeneral’s government was called Government of India and the council was called
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India Council//
Seperated leg and executive functio of GOV-GEN' council; civil services open to
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Charter act 1853
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Indians//Court of Directors could create a new presidency or province.
GOI 1858 //// Act of Better
Gov Gen of india to Viceroy (Lord Cannings 1st),//ended dual system` aboilished
Government of India
BOC and COD;/Created the office of SECRETARY OF STATE(Lord STANLEY)(member
of British Cabinet)////act made India a direct British colony.//ended doctrine
lapse//era of annexation of princely states ended hence Indian stats recognize
paramountcy of Crown//Freedom of religion //equal protectiion under law and
equal opportunity////Army seperated on basis of caste//Indians in army reduced//
Indian Councils Act 1861
non officially 3 indias to legislative council ( Benaras Raja ,
Patiala maharaja, Dinkar Rao//legislatve powers given back to Madras
bombay//new provinces of Punjab,NWP
ICA 1909 //// Morley minto (Sec
increased size of leg council, deliberative func, Satyendra prasad sinha(law
Viceroy)///minto - father of
member) 1st to viceroy council, SEPERATE ELECTORATE (only muslim voters can
communal electorate
elect muslim members) to MUSLIMS
GOI 1919 ////Montagu
Provincial Govt=Dyarchy=Transfer and reserve (irrigation ,police ,finance, justice
Chelmsford (sec viceroy)
press);;minister responsible to legislature but executive councillors were not
responsible//Women were given right to vote
Central Govt=NO responsible govt/ Seperate centre and provincial
list//BICAMERAL system at centre//Council of state tenure = 5yr //Central leg
assembly=3yr//25% of the budget votable//franchise on basis of Property/Tax/
education /Leg assembly experience
seperate electorates to SIKH, Anglo Indians, Christans, Europeans, cpsc,
provided for Simon comission 10 yr later
Simon Commission 1927
7 member, report on new constitution, recommended aboilish dyarchy in
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provinces, responsible govt in provinces//WHITE PAPER on Consti Reforms
seperate electorate to SCHEDULED CASTES and MARATHAS for 20years
GOI 1935
fed/provincial/concurrent list , residuary powers to viceroy; aboilished dyarchy in
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Communal Award 1932
provinces/ provincial autonomy, introduced dyarchy at centre, bicameralism in
AI
6/11 provinces
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Reserve subjects(Foreign Affairs,Defence, tribal, ecclestisiatical //Council of state
directly elected and Federal assembly indirectly//
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; seperate electorates to SC, WOMEN, LABOURS,
India Independence Act 1947
BH
RBI1934, Federal court 1937, FPSC and PPSC
aboilished office of Vicery and Secretary
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Lord Mountbatted First Gov Gen of free India//Constituent assembly constitution
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not applicable to PAK//refrendum in NWFP//British paramountacy lapsed-Princely
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states can remain independent(Dickie Bird Plan')//Const assembly can repeal any
british act including 1947//
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Chakravarti Rajagopalachari first INDIAN gov gen of india
Making Of indian Constitution
Constituent assembly first propsed by MN roy
August Offer 1940--> Cripps Propsol 1942 (muslim league rejected)--> Cabinet Misiion1946
Total strength 389==296+93(princely)
INC won 208; muslim league won 73
Dr Sachichadananda Sinha Temporary President of assembly hc mukherjee and vt krishnamachari VP
Constituent assembly chaired by r prasad and legislative body by GV Malvankar till 26 nov1949
Elephant was symbol of constituent assembly
national flag
22 july 1947
Objective Resolution
22 Jan 1947 t\
1. national anthem and song;
2. Rajendra Prasad elected as First President
24 january 1950
Union committee and STATE committee head
--J Nehru
Provincial Constitution committee
-- S V Patel
head
Steering and Rules of procedure committee
-- R Prasad
Articles/parts/schedules
Orignal=395 Articles, 8schedules, 22parts
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1 t Territories
2 e Emoluments
3 a Affirmation
4 r Rajya Sabha
5 s Schedule areas
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6 O Other Schedule areas(TAAM)
7 f Federal List
8 O Official Language 22
9 l Land reforms(1951 CAA)
10 d Defection (52 CAA 1985)
11 P Panchayat (73 CAA 1992)
12 M Municipality(74 CAA 1992)
BH
IMPORTANT PARTS
9 and 9A=Local bodies
2=Citizenship
9B=Cooperative
3=FR
10=Schedule and Tribal Areas
4=DPSP
11=centre-state
4A=FD
17=Official language
5= Union
18=Emergency
6=State
20=Ammendment
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8=UT
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1=Union and territories
Precedence order
9. Judges of Supreme Court
2. Vice-President
9A Chairperson, Union Public Service Commission
3. Prime Minister
Chief Election Commissioner
4. Governors of States within their respective States
Comptroller & Auditor General of India
5. Former Presidents
10. Deputy Chairman, Rajya Sabha
5A. Deputy Prime Minister
Deputy Chief Ministers of States
6. Chief Justice of India
Deputy Speaker, Lok Sabha
Speaker of Lok Sabha
Members of the Planning Commission
7. Cabinet Ministers of the Union., Chief Ministers of
Ministers of State of the Union {and any other Minister in the
States ,, Deputy Chairman, Planning Commission,
Ministry of Defence for defence
Former Prime Ministers, Leaders of Opposition in
matters}
Rajya Sabha and Lok Sabha
11. Attorney General of India.
7A. Holders of Bharat Ratna decoration
Cabinet Secretary.
8. Chief Ministers of States outside their respective
Lieutenant Governors within their respective Union Territories
States
14. Chairmen and Speakers of State Legislatures within their
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respective States.
Chief Justices of High Courts within their respective
jurisdictions
21. member of Parliament
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Governors of States outside their respective States)
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1.President
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Preamble- part of Cnstitution, non justiciable, can be ammended
Sovereign socialist secular democratic republic(democratic Socialism=Public +Pvt Sector) Indian Socialism is Blend Of Marx and
GAndhism(Positive secularism
Social/Political/Economic JUSTICE
Thought/Expression/Belief/Faith/Worship LIBERTY
Status/Opportunity Equality
Fraternity, dignity,unity,integrity
26Nov1949
Union and its TerritoryArt1-4
Territorial Integrity and continued existence of any state is NOT GUARANTEED by constitution
laws made for alteration of states are NOT Ammendments and can be passed by simple majority(require prior recommendation
of President, president also refers it to state)
Indian territory can be ceeded to foreign state only by AMMENDMENTS ( berubari to PAKistan 1960, 100th caa bangladesh)
settlement of boundary disputes DO NOT require CAA
Linguistic provinces Committee J NEHRU,V PAtel, Pattabhi Sittaramaya JVP////// First linguistic state ANDHRA PRADESH
First name change UP, TN
Citizenship 5-11
The Citizenship Act, 1955
By birth,descent,registration,naturalisation and incorporation of territory
1. born after 26/1/1950 and before july 1, 1987 and nationality of parents
Birth
doesnt matter
2. after july 1987 only if either of parents is indian
3. after 3 dec 2004, both parents should be indian
1. born outside india between jan 1950 to dec 1992,,,only if his father is
Descent
indian
1
2. born outside after dec 1992, either of parents should be indian
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3. after dec2004 only if registered at indian consulate within 1 yr
. PIO should be resident for 7 years before registration application
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Registration
AI
Naturaliszation
pio who came to assam before 1966 from BAngladesh
1966-1971 first register
BH
Assam accord 1966
EL
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Incorporation of Territory
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citizen by birth and naturalized can run for President election
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If citizen acquires citizenship of other country ; his indian citizenship terminates
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NRI=Indian citizen living in foreign with INDIAN Passport PIO=ancestors were indian and holds foreign citizenship
Overseas citizen of INDIA OCI= person registered under OCI card holder under citizenship act 1955( who waseligible to be citizen of
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Fundamental Rights 12-35
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india after 26 jan 1950
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promote Political Democracy
Parliament can repeal or curtail them by CAA not ordinary law, if doesnt affect basic structure hence they are not PERMANENT
FR are not absolute ;Can be suspended during national emergency except 20 & 21 art 19 will be suspended only on grounds of
EXTERNAL EMERGENCY
Art 32 can be suspended by President during NAtional emergency
not all are available against PVT individuals
restriction by Martial Law(34)
Have both positive and negative character on state
Not available to foreigners=discrimination(Article 15).,Equality of opportunity (Article 16),,(Article 19).,culture of minorities
(Article 29). minorities educational institutions (Article 30).
Article 13
LAWS inconsistent with FR include= legislative, on legislative laws, temporary(ordinance), Statutory legislation(executive)
ART 14 Exceptions
President and Governor immunities... Civil(2 month)/criminal proceedings or arrest
No person to be liable to criminal proceedings for publishing TRUE reports on proceedings of HOuses
MP/MLA immunities....VOTE
Art 31(c)i.e laws made by state for implementing dpsp 39 b & c are not violations of art 14
Foreign ambassdors enjoy immunity from crminal and civil proceedings;;; diplomatic Immunity of UNO
Art 15--religion , race,caste, sex and Place of birth(only against state ;;; the second provision i.e. tanks, well is against state and Pvt
individual)
Exceptions--resrevation of women,children, sociollay and economically backwar and EWS(education
Art 16 Exceptions
reservation in public appointments
Incumbent of religous institution must belong to that religion
10% EWS in employement
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Article 17= untouchability not defined in constitution
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Art 19 Exceptions(not against pvt)
F S E=ground of sovereignity, public order, integrity, contempt of court, defamation
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Assembly= sovereignity, integrity, public order
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movement= public order, ST, AIDS,PRostitutes(public health;; freedome to move out of country is dealt by art 21
Applicable only to criminal and qusi criminal nature(not civil).
EL
preventive detention only for 3 months....PArliament can change this
BH
Art 28 F of attending religious Instruction
Instruction prohibited if institution maintained by state
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Art 22..
Instructions allowed if administred by state but established by TRUST
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Instructions voluntarily allowed if institution RECOGNISED or RECIEVES FUNDS from STATE
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Protection under art 29 extends to any section of citizen but under art 30 is confined to RELIGOUS and LINGUISTIC minorities(minority is
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not defined in Con)
44th caa deleted Right to Property art31
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Art 32= aggrieved has option to move either HC or SC
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Article 35 gives Parliament (not state leg)the exclusive power to make laws relating to Articles 16 (3), 32 (3), 33 and 34. Further, this
Writs
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Article enables the Parliament to prescribe punishment to offences under the fundamental rights part.
Borrowed from English PREROGATIVE writ
SC differs from hc in writs as-- 1.'other purpose'=ordinary legal right ; 2. Sc can issue throught country; 3. Art 32 is a FR hence SC
cant refuse , not in case of art 226 which is dicretionary henc HC can refuse
WRIT
Meaning
Grounds
Habeas Corpus
Have body of(present detentee)
against public as well as Private
individuals
Mandamus
We command(to perform duties)
NOT against pvt; non statutory dept
instruction; discretionary
duties;president and governar, cji of hc
Prohibition
to forbid(prevent exceeding
only for judicial and quasi judicial
jurisdiction)
Certiorari
to be informed (to transefer pending
judicial/quasi/ administrative authorities
case)
Quo-warranto
by what authority(enquire legality of
NOT against pvt; ministerial office
personws claim to public office)
Right to property ---art 300, part 12:: NOT BASIC STRUCTURE; Cant go SC under art 32, but can go HC under 226
DPSP
Art 36-51; part 4
1
social and economic democracy
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borrowed from IRISH Constitution
Br ambedkar=Novel Features;;;;; Granville Austin =Conscience of constitution
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Resemble Instruement of Instructions from GOI 1935
Art 37='these principles are fundamental in governance and it shall be duty of state to apply these principles in making LAws'
AI
Parliament can amend FR for implementing DPSP subject to Basic Structure;;;; FR supremacy over DPSP
38,39,39a,41,42,43,43a,47 includes right to adequate livelihood,, RTW, RTE, humane
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SOCIALIST
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conditions of work, living wage, raise level of Nutrition
40,43,43b,46,47,48//includes SC/St educational and economic interest, intoxicating
BH
GANDHIAN
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drugs
LIBERAL
44,45,48,48a,49,50,51 includes, agriculture animal husbandry, education to child
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under 6,, environment, monument, international peace, seperation of powers
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42n CAA added 39(healthy dev of child), 39A(legal aid), 43A(Worker in mgmt industry), 48A(environment)
86CAA 45(RTE)
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97CAA 43B(cooperative society)
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44CAA added38(minmize income inequality)
Directives outside part 4= Sc/St claims(335), Mother tongue in STATE (350A), Hindi Language promotion by UNION(351)
Fundamental Duties part 4a; art 51a;;; 42nd CAA;;; 11 in number
inspired by USSR
Swarna Singh Committee
Moral+Civic duties
Not for foreigners
Non justicable but may be Enforcable by Law hence punishable
1.Abide by the Indian Constitution and, the National Flag and the
National Anthem
6. rich heritage of the country’s composite culture
2. national struggle for freedom
7.natural environment
3. protect sovereignty, unity and integrity of India
8. Develop scientific temper,
4.Defend the country and render national service
9.Safeguard public property
10.Strive towards excellence in all spheres of individual and
5. spirit of common brotherhood amongst all the
collective activity
people of India transcending religious, linguistic and
11. education to his child or ward between the age of six and
regional or sectional diversities and to renounce
fourteen years. (86CAA)
practices derogatory to the dignity of women
Ammendments
Art 368; part20
can be introduced in either house by PRIVATE or minister Without prior permission of President CAnt be introduced in State
legislature
Ways to ammend :-
1. Simple MAjority( Not a Part of ARticle 368)(states, leg cuncil in states, 2nd schedule, salary of MP, langauge in Parliament,
ELECTION of PArliament and Stat, delimitation, 5/6 sch)
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2. Special majority
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3. Special majority + ratification by half of state legislatures by Simple majority(FEDERAL LAWS)...president elction,SC/HC,GST,ART
368 itself/7 shedule
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NO JOINT sitting in case of deadlock
Centre State Relations
E
1. Federal Features= *Rigid Constitution Independent Judiciary, Bicameralism
AI
President is deemed to give assent; cant with hold or return the bill
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2. Unitary Features=Destructible states, single Constitution, Flexible Constitution, Unequal Rep of States in RS, Emergency,
Integrated Judiciary,AIS,EC/CAG,
BH
Centre State Relations
Parliamentry LAw not applicable in territories in following cases
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Presidents Governance in 5 UTs
Governors governance in SCHEDULED AREAS and ASSAM
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President in tribal areas of TMM(Megh, tri, mizo)
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In case of Inter State trade (GST)parliament has exclusive powers,...
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in case of conflict in list ; union > concurrent > state
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PArliaments legislation in state field/GST
Rajya Sabha Passes reolution ; 2/3 majority;remains in force for 1 year Law ceases after 6 months from cesation of reolution
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National Emergency; Law is inoperative after 6 monthse of emegency revokation
States request; 2 or more sttates; these laws can be ammended only by parliament AND not by State leg
International Agreements
Presidents Rule; Parliament makes law for state and it is operative even after presidents rule,; can be repealed by state leg
Executive/Centre's control over state leg
Governore reserves bill, president enjoys absolute veto
Bills on certain matter in state list can be introduced only after prior sanction of President
Centre can direct State to reserve financial bills for Presidents consideration during Financial Emergency
Law on concurrent subject , if ENACTED by parliament, is to be EXECUTED by state
Art 312 = Parliament can create new AIS on basis of RAJYA SABHA Resolution
Residuary power in taxation of center==GIFT tax, Wealth tax, Expenditure tax
Statutory grants (275)= in cases of financial assistance and welfare of ST, Charged from Consolidated fund, on recommendation of
Finance Commission
Discretionary grant (282)= there's is no obligation on center regarding these,; given for target completion
Bills that can be Introduced in PArliament only with Prior President Recommendation
which tries to vary tax of states
meaning of AGRICULTURE Income
Money Bill and Ordinary bill under art 3
Surcharge/Special Duty
Art 262, parliament can refuse jurisdiction of SC in INTER STATE WATER DISPUTES; decision of tribunal is final and binding
Art 263 INTERSTAE COUNCIL by President= ADVISORY function
PM is chairman; HM and 5 cabinet minister; CMs of state and UTs; Governors of President ruled states; Administrators of UTs
HM is chairman of Standing committee of Council
This is Contemporary to art 131(SC)
Public acts, records==Final judgment of civil courts applicable all over territory and not CRIMINAL Judgements
ZONAL Councils= Statutory(SRO act 1956); HM,CMs, 2 ministers from each state, Administrators
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North Eastern Council= Sikkim + 7 sisters
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Emergency Part 18 352-360
Emergency
Grounds
Approval and Revocation
National
External Agression or
*Applicable to whole India
AI
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**Judicial review allowed in all three
Effects
Emergency 352
Armed
or ANY PART of the country
to state
** Constitution
rebbelion(Internal)
*President declares on
EL
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Centre can give executive direction
legislative power of state NOT
WRITTEN advice of Cabinet.
SUSPENDED, ye Centre can
PROCLAMATION
*Approved by BOTH
override(inoperative after 6 months)
OF EMREGENCY
HOUSES by SPECIAL
President can issue ordinances on
majority within one month
state list
of issue
President can modify distribution of
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BH
mentions this as
revenues
and can be extended
Life of Lok sabha and State leg can
INDEFINATEDLY
be extended by 1 YEAR but not
*if LS dissovled then for 30
beyond 6 MONTHS after emergency
days after new LS
ceases
*Revoced by president w/o
Art 358= Art 19 can be suspended
parliamentary approval or
only on ground of war and NOT
SIMPLE majority in LOK
ARMED REBELLION
SABHA(RS has no rolein
Art 359= Right to move court for FR
disapproving 352))
suspended; President can SUSPEND
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*Continues for 6 months
ENFORCEMENT of specified FR but
these FR are NOT SUSPENDED,
except art 20 & 21
Presidents Rule/
1.If president
*Approved by both Houses
Can take functions of State govt and
State or
satisfied state can not
by SIMPLE MAjority within 2
governor
Constitional
carry govt acc to
months from its issue
declare powers to be exercised by
Emergency 356
constitution
*Continues for 6 month and
parliament
**Constitution
2. State fails to
MAX 3 Years
Governor with chief secretary
doesnt mention
comply with
*If extend beyond 1 year
carries state admin on behalf of
Word emergency
directions given by
then National emergency or
president
here
centre 365
Election Commission certify
Law made by parliament continues
*Revocation doesnt req
even after emergency(can be
PArliamentary Approval
repealed by state)
NO EFFECT ON FR
Threat to Financial
*Approved by both houses
Centre gives direction to state to
Emergency 360
Stability or credit
within 2 months by Simple
observe such canons of Financial
majority
propriety
*Repeated parliament
REduction of salary and allowences
approval for extension not
of person serving under state
required , hence can
reservation of money bills for
continue INDEFINATELY
president
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1
Financial
*Revocation doesnt req
BH
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PArliamentary Approval
R
Union Executives= President, VP, PM, COM, ATTORNEY GENERAL of India
PRESIDENT De Jure
U
elected by only ELECTED members of mp,mla,Uts BUT impeached(violation of constitution) by NOMINATED members too ///MLAs
G
dont participate
J
35 years of age/ qualified for election in LS/ oath by CJI
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vote of mla= population/MLAs*1000; Value of Mp=Total value of MLA / total MP;;Quota= Total votes polled/2 +1
Doubts related to election dealt by SUPREME COURT
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Civil proceedings against president allowed after 2 months of prior notice for personal acts,,,,,,,and not CRMInal proceedings(even
for personal acts);;;;;personal acts is not civil proceeding
resignation letter to VP
Can hold office beyond 5 years untill successors come
Impeachment should be initiated by 1/4 members of house, and ratified by 2/3rd majority
Presiden->VP->CJI...in case of vacancy
Nominates 12 member in RS and 2 anglo in LS
Money bills can be introduced only with his prior reccomandation
Recommends Demand for garnts
VETO
Absolute==withhold assent,,then bill ends and cant become act
Suspensive==return for reconsideration,,,,,NOT in CAse of MONEY BILL (
Pocket ==neither ratifies nor rejects or returns,,kept for indefinate period of time]
Money bill can be REJECTED or ratified but NOT RETURNED
President cant return money bill to state leg
es de t ca t etu
o ey b ll to state leg
ORDINANCE 123
Only when both houses absent or either one of them not in session
CAn be questioned in court
Cant take Fr and make laws only in Union list
Ordinance must be laid before houses..if no action the ceases to effect after 6 WEEKS.....max ordinance can stay is 6
MONTHS(gap between two sessions)
It is not discretionary to promulgate or withdraw, only on advice of COM
cAN MODIFY or Repeal previous laws,,,,but CANT Amend Constitution
Removes sentence and conviction
Commutation
Lighter punishment(death to imprisonment)
Remission
reducing sentence period
Respite
less sentence due to disability
Reprieve
Stay on sentence for temporary period
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AI
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Pardon
1
Pardoning Power====Union law,martial court, sentence of death
EL
Governor cantpardon on martial law or death sentence
BH
Vice President
inspired by USA
Elected by both NOMINATED and elected MP but NOT by MLAs
R
35 age Qualified to be member of RS
U
Impeachment resolution can be initiated only in Rajya sabha
G
Effective majority(special majority) in RS and simple majority in LS to impeach
Can act as President only for 6 months max(takes presidentz salary)
Prime Minister de facto
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draws salary as ex officio chairman of RS
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No specific provision in constitution for his appointment
The term of PM is NOT fixed and he holds office during pleasue of PRESIDENT
Crisis manger in chief of political wing during emergency
His resignation or death will lead to dissolution of COM
All cabinet committes are setup by PRIME MINISTER from time to time and ARE EXTRA CONSTITUTIONAL
non cabinet members can be part
The various departments/Committees/institutions/ ministries headed by the Prime Minister of India are:
NITI Aayog
Nuclear Command Authority
National Integration Council
Indian Board of Wildlife
National Ganga River Basin Authority (NGRBA)
National Disaster Management Authority
National Development Council (NDC)
Council of Scientific and Industrial Research (CSIR)
Department of Science (DoS)
PM’s Council on Climate Change
National Commission for Population Control
Inter-state Council
Department of Atomic Energy
Appointments Committee to the Cabinet
Cabinet Committee on Political Affairs
Cabinet Secretariat, and
Ministry of Personnel, Public Grievances
Cabinet Committee on Economic Affairs
Pol affairs(powerfu SUPER CABINET), Economic affairs, Appointment Committee headed by PM
Parliamentary affairs commitee chaired by HOME MINISTER
Council of Ministers
Advice tendered is BINDING on president NOT questionale in court of law
Pm+council should not exceed 15% of LS strength
Holds office during pleasure of President..on advice of PM
Collectively responsible to LOK SABHA
Ministers can take part in proceedings of BOTH Houses
1
COM advice s binding on President
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Hold office even after dissolution of LS
Parliament part 5, 79-122
Parliamentary system is against seperation of power
R
President, Lok sabha(lower house, FIRST chamber, popular house), Rajya sabha(Upper house, Second Chamber, Elder
AI
house);;;;Chairman of RS is not part of Parliament
REpresentative of UTs in RS are elected by special electoral college (Delhi, J&K and Puducherry only have rep in RS)
E
Lok sabha===election and constituency, Uniformity of representation between states and between constituency within state
EL
Rajya sabha MEMBER term =6 years, Age 30(total 250)
Lok sabha AAge=25, term can be extended by 1 year during national emergency(total 552)
BH
Defection= leaves party, votes against party, nominated joins party after 6 months, independent joins any party....Speaker's
decision is suject to judicial; review
R
Double membership= by default RS seat vacant, if meber of one house elected to other, then first house vacant; if becomes MLA,
U
the MP seat vacant
G
Disqualified if absent for 60 days
Speaker
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Speaker doesnt vacate after LS dissolved , till next comes
can not vote in first instance but--Casting vote= in case of equal vote, Speaker votes
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decides Money Bill
Speaker is ex officio chairman of INDDIAN PArliamentary Group'
Appoints Chairman of Parliamentary Committee
Acts as chairman to Business Advisory Comm, Rules Comm, General Purpose Comm
Has a security of tenure and can be removed only by special majority
Power of regulating business of house is NOT subject to Court Jurisdiction
Deputy Speaker if appointed member of parliamentary group, he automatically becomes its CHAIRMAN
Speaker pro term= temporary eldest MP , till new speaker appointed
Charman of RS also has casting vote
Leader of Rajya sabha nominated by PM
Shado Cabinet=British mechanism to form opposition party cabinet
LArgest opposition party= min 1/10 seats of House for leader of opposition(mentioned in rules of house;;;whip not mentioned)
Budget session(Feb-may); monsoon(july-sept); winter(Nove-Dec)
Adjournment terminates sitting of house and NOT session. which is done by presiding officer(sin die=infinite period adjourned)
PROROGATION terminates sitting and SESSION and is done by President
If LS dissolved by President then it is not RREVOCABLE(a bill if passed by RS does not lapse, doesnt depend on LS)
Question hour -> Zero Hour (not menntioned in rules)-> Agenda of day
Adjounment Motion=The adjournment motion is introduced in the Parliament to draw the attention of the House to a definite
matter of urgent public importance and needs support of 50 members(RS cant use this
Cut motion=To oppose demond in finance bill by government=Economy, policy and token cut
Censure
No-Confidence Motion
No reasons must be stated
can be passed against an individual minister, or COM
against COM
No resignations
PM + COM resigns
Introduced only in LS
Only by minister
EL
On recommendation of Presidednt
E
Money Bill
AI
R
44
1
The reasons must be stated
Cant be ammended or rejected by RS, can return
BH
can be detained by RS for max 14 days
Requires certification of Speaker as money bill
R
No JOINT Sitting
U
Defest in LS leads to rseignation of GOVT
G
rejected or approved, but NOT RETURNED by President
IT
I
J
all money bills are financial bills not vice versa
Similarity with Financial Bill(1), rest all are according to ordinary bill
KS
H
Joint Sitting
1. rejected by other house
2. disagreements to ammendment
3. 6 months no action
4. NOT in CASE of MONEY bill or CAA
FUNDS
Consolidated= revenues, loans raised, repayement of loans
Expenditures CHARGEDfrom CFI can be discussed but NOT votted
president,speaker,chairman and deputy,SC HC, CAG, UPSC, debt liability of govt(sinking fund, interest), sum requirred
to satisfy judgement award
Expenditures MADE from CFI can be discussed and votted
Public account=Provident fund, saving bank deposit, remitances (operated by executive)
Contigency= at dispossal of president to meet unforseen expenditures pending in parliament (operated by executive)
Lok sabha can express no confidence by
1. not passing motion of thanks by president
2. Rejecting budget
3. rejecting money bill
4. passing censure motion or adjournment motion
5. defeatinng govt on vital issue
6. passing cut motion
A CAA can be introduced in RS
Unequal status of RS
1. Money bill introduction
2. Speaker in joint sitting
3. Cant ammend or reject money bill
4. Decide bill is money bill or not lies with speaker
5. LS dominated in joint sitting due to more in no.
44
1
6. RS can discuss budget but cant vote for grants
7. National emergency can be revoked only by LS
8. RS cant pass no confidence motion
R
Special Power of RS
AI
1. Law in state list
3. removal of VP
EL
4. If LS dissolved, then proclamation of emergency is to be approved by RS
E
2. ais
Public bill= can be introduced only be minister and NOT any MP, rejection may lead to Resignation: Requires 7 days notice
BH
Private-bill= introduced by MP or any Private member and NOT Minister, Requires one month notice Can only be introduced and
discussed on Fridays. • No private member’s bill has become an Act since 1970.
U
R
PArliamentary privelages dont extend to PRESIDENT
G
Parliamentary Committee
Mentioned in constitution without making any specific provisions
IT
I
J
Appointed or elect by house or NOMINATED BY SPEAKER
Works under direction of SPeaker/Chairman
KS
H
Presents report to speaker or house
Secretariat provided by LS/RS
FINANCIAL Committees
members elected by proprtional representation and STV; all parties get representation
One year term
Minister CANT be member
not binding recommendations and not an executive body
Chairman appointed by SPEAKER
1. Public accounts committee= chairman can be from ls/rs; members can be from ls/rs====Works on CAG reports
2. Estimates committee= NO Represntation of RS== examine estimates included in budget
3. Public Undertaking== Members can be from ls/rs; BUT NO chairman from RS
Dept Standing Committee= 1year term, No minister
objective is to secure accountability of Executives
31 members=21 nominated by speaker +10 nominated by chairman
Committee on government assurances: They
Business Advisory Committee: It manages the time slots of the House
scrutinize the commitments and promises, made
Rules Committee:proper conduct of the business in the House
by Ministers
Committee on the absence of members: It examines leave application
Committee on subordinate Legislation: This
of the members of the Houses.
committee scrutinizes and reports to the
General Purposes Committee: issues that do not fall under the purview
legislature whether the executive is utilizing its
of any other Parliamentary Committee.
powers of making rules and laws
House Committee: The facilities that are given to the members of the
Committee on Papers laid on the table:
House, for instance, medical aid, food, etc. are looked after
committee is to scrutinize papers laid down by the
ministers.
44
1
Parliamentary Forums= to provide platform for members to have interaction with ministers, discuss data
31 member=21+10
SPEAKER is Ex Officio President of all forums
R
EXCEPT Population and Public health forum , chairman is Vice President(RS)
AI
Parliamentary Group=To connect parliamenterian of globe (IPU and CPA)
E
Membership open to all MPs; SPeaker is ex officio president
EL
Former Mp can become ASSoCIATE member but with limited rights
Governor part 6 153-167
- Nominee of central govt and appointed by PRESIDENT
R
- Oath Administered by Cj of state
BH
State Legislation
U
- Governor office is NOT employment under Central govt and not under control of Centre
G
- Inspire by CANADA
- should be outsider, consult CM,,35 years is age, 5 years term Pleasure of Presiedent(non justicable) No grounds for removal in
J
Constitution
IT
I
- Governor has NO SECURITY of tenure and NO FIX TERM
KS
H
- Entitled to allowances and privelages determined by PARLIAMENT//// EMOLUMENTS and Allowances are paid by STATE
- President may transfer governor for rest term to other state
- can hold office beyod 5 years;;;;;;;; CJS can be temporary governor
- Appoints Tribal AFFAIRS minister for CG, JH, MP, Oddisa
- Appoints SPSC but can be REMOVED only by PRESIDENT
- Reccomends imposition of state emergency
- nominates 1/6 member to leg council// 1 member to state legislative from ANGLO INDIAN
- Ministerial advice is NOT binding on Governor , but IS in case of president
- Decision of governor is final, if que arises on his descretion
Chief MInister
- acts as vice chairman of Zonal council
- Pleasure of Governor
- Salary allowances decided by State Leg
- Death of CM leads to dissolution of COM, but not govt
- Can be from both houses
State COM 163/164
- Should not exceed 15% of strength, and min is 12 ministers
- Have no legal responsibility ie, order of governor is not to be countersigned by COM hence cant be questioned in court
State Legislation Part 6 168-212
- Council= Vidhan PArishad; ASsembly= Vidhan Sabha(lower house)
- Parliament can aboilish or create Council without any ammendment; given resolution is passed by special majority in state leg
- Assembly = 500-60
- Legislative Council members= max1/3 of assembly-min40; 1/6 are nominated by governor;1/3 elected by local bodies;1/3 elected
by mla;1/12 elected by graduates;1/12 elected by teachers
- Deadlock between assembly and council when LEGISLATIVE COUNCIL====rejection, ammendment which are not acceptable or
DOES not pass for 3 MONTHS ( 6 months in case of PARLIAMENT)
44
- Legislative assembly CAN OVERRIDE ammendments of COUNCIl ( NOT in case of LOK SABHA)
1
- NO provision of JOINT SITTING
- Bill of Council if rejected by Assembly then the bill ends there
Panchayat Part 9= art 243 G, 11th schedule
AI
- Balwant rai, ashok mehta, study teams, GVK Rao, LM Singhvi, Thungon, Gadgil
R
- Council doesnt participate in Election of PRESIDENT;; council has no say in ratification of CAA
- Rajasthan then Andhra Pradesh
E
- Three tier system elected by People diectly
EL
- Chairperson of panchayat at intermediate level and district should by elected INDIRECTLY amongst members
- Chairperson at village lvel should be elected as determined by STATE
BH
- Reservation for SC ST in CHAIRPERSON; 1/3rd chairperson at each level to women
- SC reservation not in Arunachal Pradesh
U
- State MAY make provision for OBC reservation
R
- 1/3 of total seats to women(including number o seats reserved for women of SC ST)
G
- Panchayat constituted after premature dissolution will reign for the remaining time
- Min age is 21 for election
J
- Act doesnt apply to Nagaland, Meghalaya, Mizoram
IT
I
- Act bars interfernce of court in electoral matters (delimitation)
KS
H
- Compulsory Provisions= three tier panchayat, dirext election, indirect election(2 tier chairperson),
voting rights of chairperson, 21 yr min age,- sc,st, women reservation, 5 yr tenure, SEC, SFC
- Voluntary Provisions
- Endowing GS with power and functions at village level, election of chairperson at GS, OBC reservation
- ,granting authority to panchayat to function as self Government, devoltion of powers, granting Financial powers(taxes),
grans
PESA 1996 = 5th schedule areas
- Parliament may extend panchayat to these areas
- State govt MAY nominate 1/10th ST member at intermediate level
- Prior reccomendation of GS MANDATORY for exploration of MINOR minerals
- Reservation should not be less than 50% to ST; and all seats of chairperson reserved to ST
- Finances of PRI
- Grants from union and state
- Devolution from state
- CSS
- Tax and Non tax revenue
Muncipalitites
- Part 9A; art 243W; 12 schedule
- MADRAS first municpal corporation
- 8 types of urban bodies= muncipal coop ; muncipality; notified area committee; cantonment board; township; port trust; Special
purpose agency
- LORD RIPPON= Magna Carta of Local self Govt;
- Nagar panchayat -> Muncipal Council -> Mincipal Corporation
- Representation= special person with knowledge but WITHOUT righ to vote, members of LS/RS /VS
- Reservation f seats for sc/st/women
- State MAY provide for reservation of sc/st/women/OBC in CHAIRPERSON post unlike panchayats
- Elected = muncipalities/ municipal Coop
44
1
- Nominated body=Notifiead Area Comm(industrial), Township(housing colonies, large public enterprises)
- Nominated + elected bodies= Town area(small town), Cantonment, Port Trust
- Statutory=Special Purpose agency
R
Union Territories Part 8 239-241
AI
- reasons=political/administrative;cultural,strategic,tribal
- Daman and diu and dadar and nagar merged to form single UT with capital DAMAN in 2020
EL
- Delhi, Puducherry, J&K have their legislative assemblies
E
- Administered by President through a Administrator(agent of president and not head of state like Governor)
- Legislative powers of PArliament override UTs power in even STATE lists
BH
- Delhi can make laws except=public order, police, LAND
- J&K can make laws excpet- public order, police
G
- 69 th caa, 1991
U
- Strength of assembly = 70; max COM=10%
R
Delhi
- CM is appointed by PRESIDENT and Not Lt. GOv
J
- In case of diff of opinion between cm and gov, matter referred to president
IT
I
- President can impose hi rule in case of CONSTITUTIONAL machinery failure on report of LT. GOV
KS
H
- Lt. gov can promulgate ordinances with recommendation of PRESIDENT and NOT Com
Schedule and Tribal Areas both under executive authority of state
- 5th achedule= schedule areas except areas in 6th schedule
- For schedule areas and schedule tribes
- PRESIDENT declares area as schedule areas(alter bundaries)
- Gov can direct any act of Parliament not applicable to SA
- 6th schedule= Tribal Areas only Assam,Meghalaya,Tripura and Mizoram TAMM
- Administration of TRIBE areas
- Gov can organise autonomous districts in TRIBAL areas
- acts of parliament do not apply or applied with exception
-Administration of TUENSANG with NAGALAND Governor
Superme Court
Art 124-147 part 5
CJI Appointed by President
Collegium system= CJI +4 Senior most judges of court(veto of 2 judges); for HC= CJI+2 judges;;;;;; NOT mentioned in constitution
The govt is ultimately bound to accept names recommendations made by CJI without compliance to rules are NOT bound on
GOVt
2nd judge case= Seniormost to be CJI
SC Qualification= judge of HC for 5 years, advocate of SC for 10 years (NO MINIMUM AGE)
No fix Tenure but holds office till 65 years, hence security of tenure, can be removed from office by President on
RECOMMENDATION of Parliament by special majority (grounds misbehaviour/incapacity)
SLP vs review petition vs Curative Petition vs Mercy Petition
Review Petition 137
Curative 137
Mercy 72/161
Descretion of
SC can review it's past Judgement, is on
last and final
filed before the President or the
Supreme court on
descretion of court on basis of Glaring
resort to the
Governor of the state, practically,
judgment of any
omission, error or
judicial remedy of
the decision on the petition is
court even if court
mistaKe,,eg=Sabarimala
any grievances
taken by the Council of Ministers
doesnt certify it to
It CAN BE FILED BY ANY PERSON AND
,can be filed even
can be questioned in the Court.
SC (except Military
NOT necessarily the party of cases
if review Petition
Court)
involved,
FAILS
44
R
AI
E
Acting CJ= appointed by President
1
SLP 136
EL
Ad hoc judge= HC judge appointed by CJI
Retired Judge= appointed by CJI
BH
Constitution prohibits dicussion of conduct of SC in PArliament except during IMPEaCHMENT
Orignal jurisdiction= no other court can decide centre state disputes(political que and citizen suits excluded)
R
WRIT Jurisdiction of SC is NOT exclusive, PArliament can conferSC to issue writs for other purposes
U
Appealate Jurisdiction,,,hearing against judgment of lower court
G
Criminal matters= only if death sentence or life imprisonment or 10 years jail or if certified by HC
Special Leave Petition=if lower court doesnt certifies case to SC, petitioner can move to SC by SLP for all cases except
J
MARTIAL COURT
IT
I
SC has discretionary power, may or may not accept SLP
Advisory Jurisdiction to President (NOT BINDING on President)
KS
H
on que of law=== SC may refuse to give advice
On Pre constitutional treat , agreement= SC MUST tender advice
The advice tendered by SC regarding misbehavior of UPSC is BINDING on President
'JUDICIAL REVIEW' term hasnt been mention in Constitution BUT we have diff articles relating to it
Judicial review not possible on PROCEDURAL grounds ( we follow Procedure established by law)
High Court
Art 214-231 part 6
Only 3 have jurisdiction of more than one state; Delhi is the only UT with its own HC;;;;;;;;; J&K
1. Kolkata High Court:
Andaman and the Nicobar Islands.
2. Bombay High Court:
Dadra and Nagar Haveli, Goa, Daman and Diu,
3. Guwahati High Court:
Nagaland, Assam, Arunachal Pradesh, and Mizoram,NAAM
4. Punjab and Haryana High Court:
Chandigarh, Haryana, and Punjab.
5. Jammu Kashmir and Ladakh High court:
6. Madras High Court:
Tamil Nadu and Pondicherry.
7. Kerala :
Lakshadweep
Strength of HC not defined and is in discretion of President
parliament can extend territorial jurisdiction f HC
Judges of HC are appointed by President ; CJS after consultaion with CJI and Governor
3rd judges case= HC judges are recommended by CJI+2judges
Judge HC= Judicial office for 10 years, advocate of HC for 10 years; NO min age
62 years max; can be removed by PRESIDENT on recommendation of PARLIAMENT
Transfer of judge= by president on consultation with CJI( 2CJS+ 4SC Judge)
Acting CJ= appointed by President
Additional and Acting Judge(2yr) = appointed by PRESIDENT
Retired Judge = appointed by CJS
Salary charged from Consolidated fund of STATE but PENSION from CF of INDIA
Appealate Jurisdiction
R
Criminal= sentence is of imprisonment of more than 7 YEARS (10 years in case of SC)
AI
Death penalty by session court must be approved by HC
TRIBUNALS 42 CAA
E
Part 14A 323A-B
44
Orignal jurisdiction of HC=contempt,disputes on election of MP/MLA, revenue matter, FR
1
Orignal jurisdiction of SC= regarding centre and state
EL
323A= Parliament provide for establishment of of ADMINISTRATIVE Tribunal (recruitment of public services)
1985 Administrative Tribunal Act
BH
CAT=5yr term// 62 years chairman; 65 years //member=== appointed by President on consultation of SC judges
guided by principle of NATURAL justice hence not bound by Civil procedure court 1908
R
not possible for public servant to go directly to SC without first going to HC
U
members of the defence forces, officers and servants of the Supreme Court and the secretarial staff of the Parliament are not
G
covered
SAT= setup by CENTRE, chairman and members appointed by President after consultation with governor and provision for Joint
J
Admin Tribunal
IT
I
323B= can be established by both PArliament and STATE LEGISLATION// General matters
Subordinate Court
KS
H
Taxation, Foreign exchange, Industry labor,reform, Urban property, Mp/MLA election, Food, rent and tenancy rights
Art 233-237 part 6
District Judge appointed by Governor in consultation with HC
Highest judicial authority in district
Civil cases the District judge; criminal cases then SESSIONS JUDGE
Other judges appointed by gov in consultation with SPSC and HC
NALSA=1987 act
Weaker section= women, sc st, industry worker, disaster victims, disabled, PERSON in CUSTODY, human trafficking, income less
than 1 lac
Lok Adalat under 1987 act
based on gandhian principle
members= Judicial officers is chairman, Lawyer and Social worker
Cases to be heard -:
Cases pending before any court
Matter not before court but within its jurisdiction
Disputes at Pre Litigation case
Non compoundable offences are NOT in purview
Same powers as civil court
Civil+Criminal cases
Final and binding decisions
Gram nyalaya act 2008= Criminal+ civil courts; justice at door step
Family Court,1984=Obliagtory on State to set up in every town wit population of 1 MILLION
CONSTITUTIONAL BODIES=The Submit annual report to President
BULWARKS= CAG, EC, SC, UPSC,
If someone is removed by Parliament with XYZ majority the He doesnt serve under Pleasure of President/Governor
Appointed/Removed
Term/Age
Description
EC 324
-President- also appoints
regional commissioner
and determines their
condition of service
-CEC Removed by
6 years
/65 age
-total 3 members(NMiC)
Common to both centre
and state
-President determines
Strength of EC
Constitution has not
defined any
QUALIFICATION, TERM,
STRENGTH
-Member can be
-Majority in diff of
opinion
-SEC appointed by
Governor and removed
by President on grounds
of HC judge
-SEC doesnt submit
reappointed
-Can dercocognize party
but NOT DEREGISTER
-Election disputes lookd by
HC/SC
-determines Territorial
areas of constituency on
reports
-SEC reservation,
delimitation
basis of Delimitation ACT
-settle disputes of
Split/merge/ Party Symbol
9-11 members
Only qualification
Constitution has not
defined any STRENGTH
prescribed by President
-Removal=insolvent,
office
profit,unfit,misbehaviior
-in case of misbehavior
refer Sc(binding)
-misbehavior is defined
mentioned in
constitution=50%
mmber from 10 yr
service under
state/centre
-Juridiction can be
extended by Parliament
-Not eligible for further
employement in Govt
-If govt fails to consult
UPSC , then aggrieved CAN
NOT move to court
-not concerned ith salary,
servic conditions of civil
in Constitution
-Appointment of Group
A/b and not C/D
servants
UPSC=recruits
Dept of Personnel Trainig=
Personnel agency(salary)
President
Conditions of service
KS
H
UPSC 315323
R
AI
E
BH
R
U
IT
I
J
-No report Submission
G
President on grounds SC
Judge(2/3)
-other EC removed on
recommendation of CEC
-Conditions of service
and Tenure prescribed
by President
other
44
Bodies
EL
1
Constitution has not Specified the Strength of any
6/65(MiC)
SPSC 315323
Governor determins
conditions of service
6/62(MiC)
REMOVED by PRESIDENT
same
-President refer SC if
and NON
CONSTiTUTIOnal
created by
PARLIAMENT(appointed
by president 6/62
misbehavior
-Though Joint Commission
is mentioned in
constitution
Total= 5members
1qualified to be HC
judge, 1finance, 1
economics, 1
administration and
chairman shud have
public affair knowledge)
-eligible for reappointment
-Parliament determines
qualification
-By president every 5th
year or even earlier
GST 279A
President constitutes
GST council
GSt council=Union
FM+State FM+1 State
minister
Vice chairperson elected
by members
-Chairperson of CBEC is
permanent invitee
-50% quorum, 1/3
union//2/3 states// 3/4 is
min votes
NCSC 338
89CAA
2004
President-condition of
service
total=5(C+vc+3 mem)
-power of civil court
-Anglo indiansincluded
-Ministry of Social Justice &
Empowerment
-65 caa NCSCST
-89 caa 2003 bifurcated
sc/st
NCST 338A
President-condition of
service
5 members
-Function of PESA act
-Under MoTA
NCBC 338B
President-condition of
5 members
102CAA 2018
-HQ in allahbad
No quakification, Process
Under Min of Minority
Affairs
of removal, Term
mentioned in cnstitution
-Duties and Power
-can't b employed again
President Removes on
same grounds as SC i.e
determined by
PARLIAMENT(CAG 1971
-submits 3 reports
-Agent of Parliament and
MISBEHAVIOR and
INCAPACITY
Act)
-More freedom on
RESPONSIBLE only to
PARLIAMENT
expenditure as
-Audits CFI, PAc, CFI of state
compared to reciepts
and Union, PAnchayats
-certifies net proceeds of
1
FC 280
KS
H
IT
I
J
G
U
R
BH
EL
E
AI
R
44
5/no age
-Constitution Mentions
JPSC statutory body
service
SLM 350B
CAG 148
President
President
6/65
taxes
Attorney
-Appointed by Ppresident
Age/Term
-Not a government
-has right to attend court
General
-same qualification as for
not Fixed
service hence can
hearing and parliament
Art 76
judge of SC
practice in PRIVATE legal
sessions and be member of
-Office during Pleasure f
parliamentary COMMITTEE
President
without Right to Vote
-resigns when govt resigns
-Enjoys all Privelages of MP
-Renumeration by President
-Solicitor general not
mentioned in Constitution
Solicitor is Appointed by
GEneral of
by Governor
State
Qualifiction similar
Art 165
to HC judge
44
Appinted/removed
AI
R
Attorney
1
Appointments Commitee
Statutory= Created by Act of Parliament= NHRC,NCM
E
Non Constitutional= by Executive action= NITI
EL
Statutory/ NON Constitutional Bodies= They Submit annual report to Central Govt and not Presidnt
National Institution for Transforming India 2015
BH
1. NITI
PM= chairman///VP,CEO, Special Invitees nominated by PM
R
Governing Council= CM of state and UTs, Lt. gov(regional council=PM +Governing Council)
U
attached Offices=National Institute of Labor economics and Development Monitoring
G
National development Council is not aboilished and is NOT part of Niti Ayog
2. NHRC
J
Protection of Human rights act 1993- established HR court in every district by State Govt
IT
I
Chairperson is retired CJI or SC judge;+4member
women))
KS
H
total 5 member=(retired or serving SC judge) +(retired /serving CJ of HC)+3 person of HR knowledge(atleast 1 should be
Appointed by President on recommendation of 6(PM+HM+Speaker+deputy chairman+2leader of opposition)
3 years term and 70 age//reappointment
removed on same ground as UPSC
Cant enquire into matter after 1 year of HR violation committed
3. SHRC
Violation of HR mentioned in STATE and CONCURRENT list only
Chairperson(retired CJs/Judge of HC)+2 member(serving/retired judge of HC/District court(7yr)))
Appointed by governor but removed only by PRESIDENT
3 years term and 70 age
SHRC for all UTs except NHRC is for Delhi
4. CIC
Under RTI act 2005
11 member;65 age(term decided by centre)
appointed by president on recommendation of (PM+1 cabinet Min+LoO in LS)
removed on same ground as UPSC
not eligible for reappointment
Submits report to CENTRE
5. SIC
Appointed and REMOVED by Governor
65age(term by centre)
Salary prescribed by centre
6. CVC_--- Santhanam. Commi5te
Statutory Body
main agency for prevention of corruption in CENTRAL GOVT
3 member appointed by President on recommendation of PM, Leader of OPposition, HM
44
1
removed same as UPSC
4 year term and 65 age
Superintendence over CBI
R
7. CBI=Ministry of Personnel, Public Grievances and Pensions.
AI
NOT a statutory body
derives power from Delhi Special Police Establishment Act,1946 hence appointed by Central govt(PM+LoO+CJI)
;NIA for terror related and CBI for corrpution
BH
for centre and UT employees only
EL
prevention of corruption and assistence to cvc and lokpal
E
Main investigating agency of Central Govt
Requires prior Consent of State to investigate in any state
R
does not need the government's permission to investigate senior bureaucrats
U
acts as National Cenmtral Bureau of INTERPOL in India
G
8. ED
1. NOT a statutory body
IT
I
3. Min of Finance
J
2. cannot register a case on its own lik CBI who can register case on its own
KS
H
4. Enforce PMLA and FEMA///HQ=Delhi
5. tenure 2-5 yr///Originated as a part of FERA 1947
9. NIA(2009)- NIA act,2008
TFFC cell deals with fake currency and terror funding
appointed by Central Govt;; works under Home ministry
Counter Terrorism,human trafficking, fake currency,prohibited arms, cyber terrorism, explosives
10. Lokpal and Lokayukta 2013=Recommended by ARC1966
Lokpal for centre and Lokayukta for STATE
PM is under jurisdiction
chairpeerson +max 8 members=total 9
Appointed by{ PM+Speaker+LoO of LS+CJI/Sc judge+Jurist by President}
50%members from judiciary; 50% from SC/ST/OBC/Minorities/Women
Siperintendence over CBI
Institutions financed partly or full by Govtt are under purview but NOT those AIDED by Govt
institution receiving FCRA above 10lac are under purview
Can Not suo Moto proceed against public servant and anonymous complaint not allowed//Non Transparent
process in case of PM
Lokayukta 1st established in MH=
appointed by GOV consults CJS +LoO
No uniformity in Lokayukta rules across states(CM may be in purview or not)
11. NDMA (DM act 2005)
1. Statutory
2. PM is ex officio chairman
3. Chairperson+9members(nominated by chairperson),,,, works under Home ministry
4. SDMA headed by CM\
12. National Commission for Protection of Child Rights:
1. Child is defined as a person in the 0 to 18 years age group.
44
1
2. chairperson and six members of which at least two should be women.
3. All of them are appointed by the Central Government for 3 years.
4. The maximum age to serve in the commission is 65 years for Chairman and 60 years for members.
R
13. National Commission for Minorities
AI
1. Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains==18.8% of the country's
2. Chairperson+5member= Everyone should be a Minority
EL
3. Hindu>Muslim>Christan>Sikh>Budhist
14. National Commission for Women
BH
1. statutory
E
population.
R
2. 6 member=one should be SC?ST
G
CoOperative Societies 97CAA==STATE list
U
Other Constitutional dimensions(mentioned in Constitution)
Art19,43B,9B art 243ZH-ZT=FR+DPSP
J
STATe leg may make provision for cooperatives regulatoins
IT
I
term=5years(Board)=reservation of 1 seat for SC/ST and 2 for WOMEN
KS
H
Max no of Diectors=21 and term 5years
multi state cooperative society are controlled by Centre
Official LAnguage
Fazl ALi recommended/////JVP and Dhar rejected
PArt 17, schedule 8, 343-351
Hindi in Devanagari is official lang of UNION and ENGLISH may be used as notified
INTERNATIONAL form of Indian numerals and NOT devanagri
State=Official lang is discretion and can be outside of 8th schedule
English to be lang for state-centre
English is Official Lang for SC/HC(governor can prescribe hindi in HC),,No provision for use of HINDI in SC
Classical languages
1. TAMIL
2. SANSKRIT
3. TELUGU
4. KANNADA
5. MALAYALAM
6. ODIA
Political PArty
1. National PArty criteria (any one)
1. Total 6=AAP,NPP,BJP,INC,BSP,CPI-M
2. 6% VOTES in 4 or mare states for LS or leg assembly + 4 seats in LS from any states
3. 2% SEATS in LS from 3 states
4. state party in 4 states
2. State Party
1. 6% VOTES in leg assembly+ 2 seats in assembly
2. 6% VOTES in LS from the state+ 1 seat in LS from that state
3. 3% SEATS or 3 SEATS in assembly
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4. 1 seats in LS for every 25 seats allocated to that state
5. 8% VOTES LS or Assembly
RPI act 1951 barrs jurisdiction of civil court in matters of electio, and gives qualification of candidates
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Defection
AI
10th schedule
A member of a house belonging to a political party:
E
gives membership political party
EL
Votes, against part
An independent candidate joins a political party after the election.
BH
A nominated member joins a party six months after he becomes a member of the legislature.
Exceptions
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If two-thirds of the elected members of a political party decide to merge into another party,.
U
Any person elected as Speaker can resign from his party, and rejoin the party if he abandons that post.
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Earlier, the splitting of political parties was permitted, but currently, it is not allowed.
Nominated members who are not members of any party can choose to join a party within six months; after which they
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Election
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are treated as a party member or an independent member
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Single Electoral roll for State and Central Election
Parlament can make rules for STATE+Central Elelction///State can make rules for State in those subject not under Centre
Order issued by Delimitation can not be questioned in Court
For each state Chief Electoral Officer conducts election in State/UT(elected with Consultation of State Govt)
Returning Officer-=Conducts election in each CONSTITUENCY//Scrutinizes Nomination
Presiding Officer=Conducts poll at Poll Booths
Max gap of 6 month in last session ofLS and election
Model Conduct comes into effect ones EC announces Schedule
Election Campaign ends 48 hr before
Election Petition aretried by HC and if upheld will lead to re election
1. Election Commission= art 324
Elections of centre, state, president and VP (not for Panchayats)
Appointed by PRESIDENT
3 member body(CEC+2EC)
Term 6 years/ 65 age
REmoval by president with special majority
Has security of tenure and does not hold office during pleasure of PRESIDENT
STATE election Commissioner appointed by GOVERNOR for panchayats
2. UPSC= art 315-323 part 14
Appointed by president
term of 6 years and 65 age
Has security of tenure and can be removed by President(if misbehavior then, refer SC which is binding on President))
does not hold office during pleasure of PRESIDENT
not eligible for further govt employment
not binding decisions
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3. SPSC art 315-323 part 14
62 years age unlike 65 in UPSC
Appointed by governor but removed by PRESIDENT
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JPSC= STATUTORY and NOT Constitutional;; for 2 or more states, can be created by PArliamentary act on request of state
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4. Finance CommissionARt 280
Quasi Judicial
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By president every 5th year
EL
5 member body(chairman +4)
5. GST Council
BH
279A
not binding
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Composition= FM, FM of states, any other minister nominated by states
U
50%quorum
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Decision with majority of not less than 3/4th
Central govt has 1/3 votes and state has 2/3 votes
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6. NCSC
Art 338
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89th caa bifurcated sc and st
5 member body
Has power of CIVIL courts
Conditions of service defined by president
Includes functions for ANGLO INDIANS too
7. NCST
Art 338A
8. NCBC-1993
Art 338B
102 caa gave constitutional status,2018
5 memebr body
Conditions of office defined by president
9. Special officer for linguistic minorities
Art 350B part 17
Appointed by President
10. CAG Art 148
Appointed by president ,office for 6 years and 65 age
removed by president with special majority
audits expenditure of Consolidated, contingency and public accounts//reciepts and expenditure of Centre and state
guide, philosopher for PAC
Agent of PARLIAMENT and is responsible only TO PArliamenmt
No control on issue of money from Consolidated fund
11. Attorney General
AArt 76
Highest LAw Officer
Appointed by Ppresident
1
same qualification as for judge of SC
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term not fixed, holds office during pleasure of President
resigns when govt resigns
has right to attend court hearing and parliament sessions and parliamentary COMMITTEE without Right to Vote
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Enjoys all Privelages of MP
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Solicitor general not mentioned in Constitution
12. Attorney GEneral of State
E
Appinted/removed by Governor
BH
EL
Qualifiction similar to HC judge
Test series
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Test 1
U
1. Niti Ayog ;;; PM appoints CEO; VC; Ex Officio members; Special invitees
G
2. The NPR is a list of “usual residents of the country”. i .e one who has been residing in a localarea for at least the
last six months or intends to stay in a particular location for the next six months.• NPR is not a citizenship
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enumeration drive, as it would record even a foreign national staying in a locality for more than six months.
1. NRC includes only INDIAN CITIZENS
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2. NPR is being prepared under provisions of the Citizenship Act, 1955 and the Citizenship (Registration of
Citizens and issue of National Identity Cards) Rules, 2003.
3. NPR first collected in 2010 at Census 2011
4. Assam is excluded given that it has completed NRC
3. Art 19(1)=Right to propagate one's views as well as views of others.• Freedom of press• Freedom of Commercial
advertisements• Right against tapping of telephonic conversation• Right to telecast• Freedom of silence•
Right to know about government activities• Right against the imposition of pre-censorship• Right to
demonstration or picketing but not right to strike
4. Art 19(2)=Leaking classified material by Intelligence officer. - can compromise security of state o Giving speech
to take up arms - public order o Contempt of Court.
5. • The various human rights issues taken up by the Commission are as follows : Bonded Labour/ Right to
Food/Rights of the Child/ Maternal Anemia and Human Rights/ Dalits issues including Atrocities perpetrated on
them/ Problems faced by Denotified and Nomadic Tribes/ Rights of the Disabled Persons/Issues related to Right
to Health./ Rights of persons affected by HIV / AIDS
6. Padma awards? o They are the highest civilian honor of India after the Bharat Ratna.o Instituted in 1954 along
with Bharat Ratna.o The awards are given in three categories: Padma Vibhushan (for exceptional and
distinguished service), Padma Bhushan (distinguished service of higher-order), and Padma Shri (distinguished
service). A Padma awardee can be given a higher award only after five years of the conferment of the earlier award
NO CASH reward /There is no provision for seeking a written or formal consent of the recipient before the
announcement of the award.The Padma Awards Committee is headed by the Cabinet Secretary
7. Conditions for art 26 religous denomitions=collection of individuals who have a system of beliefs
(doctrines),//Distinctive name//common organisation
8. the Basic structure===: Supremacy of the Constitution; Secular character of the Constitution; Sovereign,
democratic and republic nature of polity; Separation of powers between the legislature, judiciary and executive;
Unity and Integrity of the nation; Welfare state; Rule of Law; Parliamentary system; Effective access to justice;
Principle of reasonableness etc• Socialist state is not included in the Basic structure.
9. Constitution is living document as=Ammendments and Flxibility of interpretation by Political and judiciary class
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10. transformation of the political system from federal (during normal times) to unitary (during an emergency) is not
borrowed from any Constitution of the world. • The feature of suspension of Fundamental Rights during
Emergency has been borrowed from the Weimar Constitution of Germany and hence, not a unique feature of the
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Indian Constitution..
11. Constitution doesnt provide equaltiy of outcome
Test2
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1. Panchayat Committee BAGaL
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1. Balwant Rai Mehta Committee 1957=Three-tier Panchayati Raj system
2. Ashok Mehta Committee 1977=Two-tier system: Zila Parishad (district level) and the Mandal Panchayat (a
BH
group of villages).
3. G V K Rao Committee 1985=‘grass without roots’.=
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4. L M Singhvi Committee 1986=Panchayati Raj systems should be constitutionally recognised; Judicial
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2. Centre-State Commitee RAW SM
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tribunals to be set up
1. Rajamannar Committee 1969. Residuary power of taxation should be vested with states.
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2. Anandpur Sahib Resolution 1973 center's jurisdiction should be restricted only in defence, foreign affairs,
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communications and currency.
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3. West Beneal Memorandum 1977 Replace the word Union in the constitution with federation. Repeal articles
356, 357 and 360.
4. Sarkaria commission 1983-87 Inter-Governmental Council” under article 263 of the constitution.
5. MM Punchhi Commission 2007-10
3. Majority=50%+1
4. Electoral Bond is a financial instrument for making donations to political parties.
The bonds are issued in multiples of Rs. 1,000, Rs. 10,000, Rs. 1 lakh, Rs. 10 lakh and Rs. 1 crore without any
maximum limit.
State Bank of India is authorised to issue and encash these bonds, which are valid for fifteen days from the
date of issuance..
A person being an individual can buy bonds, either singly or jointly with other individuals.
Donor’s name is not mentioned on the bond.
Only the Political Parties registered under Section 29A of theRPI 1951 and which secured not less than one
percent of the votes polled in the last General Election to the House of the People or the Legislative Assembly
of the State, shall be eligible to receive the Electoral Bonds.(NOT All parties are eligible)
5. Union List includes subjects like, War and Peace, Naval, military and air force works, Foreign jurisdiction.,
Citizenship, naturalization and aliens. etc.
1. • State List includes subjects like Agriculture, Police, Prison, Local Government, Public Health, Land, Liquor,
etc.
2. • Concurrent List includes subjects like Education, Transfer of Property other than Agricultural land,Forests,
Trade Unions, etc.
3. • Residuary Powers- Cyber law
6. 11th schedule items= Agriculture,land reforms, irrigation, dairy, forestry,FPI, drinking water, roads, waterways,
welfare, Public distribution system
7. 12 th schedule= Slum improvement, slaughter house, burial ground
8. The Law Commission of India is a non-statutory body The Central Government established the First Law
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Commission in 1955 with the then Attorney-General of India, Mr. M. C. Setalvad,
9. These provisions deal with the following matters (i.e., those which require ratification by state legislatures):
2. Extent of the executive power of the Union and States
4. Provisions relating to High Courts for Union Territories
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5. Provisions relating to the Union Judiciary, i.e., the Supreme Court, and HC
AI
9. The representation of states in Parliament
EL
E
police custody, the time period is 24 hours which can be extended to a period of 15 days as a whole by the appropriate
Magistrate, whereas in Judicial Custody the maximum time period for detention is 90 days, in the cases where the
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investigation is related to offenses punishable with life imprisonment, death or imprisonment for a term of not less than
ten years and detention is 60 days for crimes where the imprisonment is for less than ten years.
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1. “Expunction”=censoring words/phrase in parliament//not in Cnstitution//Speaker has descrition//those
words can be expunged which ere NOT predefined by parliament//this part can not be reported by media
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Court Meeting
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2. Constitutional Bench Art 145=Min 5 judge//If president refers SC on Constitutional Matter the Bench is made//Full
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3. Deputy CM is NOT a constitutional Post//There Can be MULTIPLE Deputies
4. BCCI/NCERT are not State under Art 12////NHRC is State
5. Judicial Doctrines
Pith and Substance
seperate Union and State List
Severability
protect Fundamental rights
Eclipse
Any law that violates FR is not null but only Inactive
Laches
court will only assist those people who are vigilant about their
rights
Territorial Nexus
Sufficient nexus between state and object for state to make Extra
Territorial Legislation
doctrine of casus omissus
courts cannot provide for a matter that should have been covered
by a statute.
Promissory Estoppel
prevents a person from going back on a promise that they made,
even if the promise was not supported by a contract.(AGNIPATH
SCHEME)
doctrine of power separation
Harmonious
ourts must avoid a clash on contradicting provisions and they must
Construction
construe the opposing provisions so as to harmonize them.
Incidental or Ancillary
Powers
power to legislate on a subject requires the power to legislate on
matters that are fairly related to that subject.
Waiver
person intentionally gives up his right or privilege
R
1. ECI dispute on Party symbol=
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Colourable Legislation
AI
1. EC can recognize party and allot symbols
2. on dispute over symbols
E
1. EC decision is binding on RECOGNIZED parties
EL
2. For splits in registered but unrecognized parties, the EC usually advises the warring factions to
resolve their differences internally or to approach the court.
BH
3. =ECI can not act on disputes untill there is a complaint///In case of split almost all disputes decided by the EC
so far, a clear majority of party delegates/office bearers, MPs and MLAs have supported one of the
U
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factions. The EC allocated the symbol to the group that secured this majority.
2. Trade Unions (Amendment) Act, 2001,==Atleast 7 member to form Trade Union/// Ofice bearer age is 18+
G
3.
4. Motion of thanks=Members who are to move and second the Motion are selected by the Prime Minister//Rajya
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Sabha can discuss and suggest amendments to the Motion of Thanks//Amendments may refer to matters
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contained in the PRESIDENTIAL Address as well as to matters which, in the opinion of the member, the Address
has failed to mention//defeat is defeat of govt
5. Budget was first introduced in India in 1860//Moraraji Desai holds the record of presenting the greatest number of
budgets//• Indira Gandhi, a former Prime Minister, was the first woman to deliver the Union Budget//Second Being
NIRMALA SITARAMAN
6. t Lok Sabha (17th), there are 78 female Lok Sabha members 14.7%
7. There have been 11 female justices in the court since then. Presently there are 3 sitting female judges//no woman
has ever taken office as a CAG
8. HP and MH hav 2 Capitals
9. The State Government in consultation with the Chief Justice of the High Court constitutes District Legal Services
Authority (DLSA) for every district to organize Lok Adalat//strength of other members as prescribed by the State
Governmen
10. The Central Council of Local Government was set up in 1954. set up by President//Till 1958, it dealt with both
urban as well as rural local governments, but after 1958 it dealt with matters of urban local government
only.Ministry of HOUSING and URBAN Affairs
11. A means test is a financial assessment used to determine if an individual or household qualifies for certain types
of government assistance or not.
12. Res Judicata= Final Judicial decison and this will not be adjudicated again
13. Article 275 empowers Parliament to make grants to the states which are in need of financial assistance and not to
every state. Also, different sums may be fixed for different states. These sums are charged on the Consolidated
Fund of India every year.//e Central government can make loans to any state or give guarantees in respect of
loans raised by any state. Any sums required for the purpose of making such loans are to be charged on the
Consolidated Fund of India.
14. A Joint Parliamentary Committee (JPC) is an ad-hoc body--NO FIX MEMBERS//. Members of the JPC are decided
by the Parliament.
15. Sc recognised prostitution as a “profession//voluntary sex work is not illegal and only running the brothel is
unlawful
16. ADR
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1. Arbitration =both the parties involved in the dispute, choose the person to hear and determine their dispute
through a consensus///Similar to court
2. Conciliation =The parties, however, are not obliged or are not bound by the conciliation, in a sense that
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BH
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4. Negotiation is mos common informal
AI
handled by an impartial individual termed as the conciliator
3. Mediation is not binding.
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negotiations can be carried out until the parties arrive at a mutually pleasing settlement. The process is